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Past actions unbargained for by the parties in an agreement can become valid consideration for a contract.

A) True
B) False

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Under the common law, in order to be enforceable, a modification of an existing contract must be supported by mutual consideration.

A) True
B) False

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Alice says to Brian, "If I decide to buy a word processor next year, I will buy it from you." This is an example of:


A) an illusory promise.
B) past consideration.
C) the pre-existing duty rule.
D) good consideration.

E) A) and C)
F) C) and D)

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Jan promises Eli $4,000 for one of his original paintings on the condition that she receives $1 million from her mother's will.In this case:


A) Jan has made an illusory promise.
B) Jan's promise is legally sufficient unless Jan knows she cannot inherit the $1 million.
C) Jan has made a conditional promise which is not sufficient to form consideration.
D) Jan's promise is legally inadequate and the courts will therefore not enforce it.

E) All of the above
F) A) and D)

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In most, if not all, cases where there is a legal detriment to the promisee, there is also a legal benefit to the promisor.

A) True
B) False

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An output contract is a special form of an illusory contract.

A) True
B) False

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Legal detriment means the obtaining by the promisor of that which he had no prior legal right to obtain.

A) True
B) False

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Which of the following will often not constitute valid consideration?


A) Forbearance to do an act.
B) Performance of services.
C) A promise to perform.
D) An illusory promise.

E) C) and D)
F) B) and D)

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Which of the following statements best describes charitable subscription promises?


A) They are generally not enforceable.
B) They are equated with gifts.
C) They are generally enforceable if there is reliance or a probability of reliance by the charity.
D) Courts generally find that it would be unjust to enforce them because persons who promise charitable subscriptions do not expect to be held accountable for them.

E) B) and C)
F) A) and B)

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C

Which of the following would not be enforceable without additional consideration?


A) A promise to pay a debt barred by the statute of limitations.
B) A promise to pay a debt discharged in bankruptcy where the promise meets the requirements of the Bankruptcy Code.
C) A promise which falls within the doctrine of promissory estoppel.
D) The settlement of an undisputed debt.

E) A) and B)
F) None of the above

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The term "past consideration" is not really consideration at all because the law will not find a contract where there is no bargained-for-exchange.

A) True
B) False

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Define a substituted contract and explain how it affects an agreement.

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A substituted contract results when the ...

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An exclusive dealing contract is one type of contract which is illusory, because it lacks consideration.

A) True
B) False

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The Uniform Commercial Code follows the common law rule that requires a modification of an existing contract to be supported by consideration in order to be valid.

A) True
B) False

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An undisputed debt is:


A) a contested amount of debt.
B) an obligation that is not contested as to existence but is contested as to the exact amount of the debt.
C) an obligation that is not contested as to its existence or amount.
D) a debt action that the court will not hear because it is not definite and certain.

E) A) and B)
F) B) and D)

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C

Legal sufficiency of consideration and adequacy of consideration are virtually synonymous terms.

A) True
B) False

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An illusory promise is consideration for a return promise.

A) True
B) False

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Charitable subscriptions are one of the most frequently occurring applications of the doctrine of promissory estoppel.

A) True
B) False

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Is a promise to pay a pre-existing moral obligation enforceable? Explain.

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a.Under the common law, a modification of an existing contract must be supported by mutual consideration to be enforceable.The UCC states that the modification of an existing contract for the sale of goods is enforceable without consideration provided both parties intend to modify the contract and they act in good faith.b.An output contract is an agreement of a seller to sell its entire production to a particular buyer.A requirements contract is an agreement to purchase from a particular seller all the materials of a particular kind that the purchaser needs.These contracts are not illusory.Illusory promises are words of promise that make performance entirely optional with the purported promisor.

Gratuitous promises are generally legally enforceable.

A) True
B) False

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